Senator Cramer’s Weekly Update february 12-25

Week Two Wrap Up of Historic Dakota Access Pipeline Trial

The second week of the North Dakota v. United States trial officially concluded, further solidifying the state’s claims that the federal government aided in the evolution of the Dakota Access Pipeline (DAPL) protest activities and failed to assist local law enforcement. These protests spanned nearly eight months and inflicted more than $38 million in damages on North Dakota.

The whole reason for the trial is to allow North Dakota to recoup the costs of policing the DAPL protests when the feds failed to act. Even though this trial is not a criminal trial to evaluate innocence or guilt, testimony from federal agents makes their complicity even clearer.

On Wednesday, the Court heard testimony from former Cass County Sheriff Paul Laney, a law enforcement officer who responded to the protests and led field operations on the ground. His testimony revealed the federal government intentionally neglected to assist the state during the protests, claiming that while the state wanted the U.S. Army Corps of Engineers (USACE) to ask the activists to leave, its allowance of protesters on USACE land provided a base camp for protestors to conduct illegal activity.

Eric Pederson, a Captain with the State Highway Patrol, and Colonel Michael Gerhart, former Superintendent of the State Highway Patrol, also appeared before the Court. Pederson was among the first to respond at the start of the protests in Morton County. During his testimony, he noted while no federal help was being sent to North Dakota, numerous states sent aid and law enforcement to assist.

Thursday also featured testimony from former North Dakota-based FBI Agent Jacob O’Connell, Robert Perry, the witness from the FBI, John Ketterling, an engineer with the North Dakota Department of Transportation, and Douglas Walker with the Department of Homeland Security.

O’Connell provided testimony indicating former FBI Deputy Director Andrew McCabe recalled an FBI drone unit sent to support law enforcement during the DAPL protests. Sent from Quantico, the unit arrived in Bismarck by a “G5” jet aircraft to assist in monitoring the protestors. That was until the drone unit received a phone call, terminating its mission. O’Connell and Robert Perry stated the decision was made by McCabe.

Every day brings up new questions about the role of the federal government in the protest response. Why were the FBI drones sent to North Dakota but recalled before they were ever used? Why did the FBI have informants in the camps if it rarely shared the information with local law enforcement? Who was the FBI protecting? What side of justice was the DOJ on?

Former North Dakota Governor Jack Dalrymple testified before the Court on Friday about the reasonable actions the state was forced to take while dealing with the public safety crisis created by the federal government.

Senate Passes National Security Supplemental Legislation

I voted in favor of the National Security Act, 2024, which passed the Senate by a vote of 70 to 29. This bill pushes back against aggression from Russia, Iran, and China while bolstering our own defenses.

The passage of this legislation comes as former President Donald Trump advocated for security assistance to be delivered as a loan to be paid back to the American people. I spoke with President Trump, expressing my support for the solution. You can read more from The Hill here.

The National Security Act gives a boost of momentum for the House to take up an imperfect bill and make it better. Leader Schumer’s insistence on poor process, including not allowing amendments, has been disappointing. I submitted multiple changes to strip non-lethal aid and restart approvals of LNG export terminals – one of our greatest national security tools – but they were blocked. The perfect cannot be the enemy of the good. By passing this bill, it moves this critical support forward, but gives the House the opportunity to make it better.

In conversations with President Trump and my colleagues, it is clear there could be a path forward if this aid came in the form of loans and targeted on lethal military aid rather than humanitarian assistance. This is a moment to unite the country, promote freedom, support our allies, and push back on communist authoritarianism if we can come together and do this right.

Since the legislative text was revealed, I introduced an amendment which would have prohibited the use of any funds in the supplemental from being used to facilitate or implement a pause on the permitting of Liquefied Natural Gas (LNG) exports. Additionally, I cosponsored Senator Tom Cotton’s (R-AR) amendment which would have stripped non-military related aid for Ukraine and Gaza from the national security supplemental bill.

New CFIUS Legislation Introduced During Testimony Before North Dakota Legislative Assembly

Chairman Paul J. Thomas (R-Velva) and members of the North Dakota Legislature’s Agriculture and Natural Resources Committee invited me to testify about foreign investments in businesses, property, and agricultural lands and the need to expand the scope of the Committee on Foreign Investment in the United States (CFIUS). I encouraged leadership at the state level rather than waiting on the cumbersome and secretive federal process.

When George Sinner was the governor, I’ll never forget the speech he gave at an event. He said something that has always stuck with me: any nation that has a rich supply of food and a rich supply of energy will always protect both if they can. We are fond, as an energy producing state, of saying energy security is national security. I would add, food security is national security.

During my testimony, I announced the introduction of my CFIUS State’s Right to Know Act, which would make the committee more responsive to states before a review is ever commenced. Governors do not have security clearances or have access to Sensitive Compartmented Information Facilities (SCIFs) to hear the confidential information included in a CFIUS review, even if they are commander-in-chief of their own National Guard.

The CFIUS State’s Right to Know Act allows a governor who is aware of a potential acquisition or sale to ask CFIUS whether a certain transaction would warrant or trigger a review. The legislation aims to establish a mechanism for states to be proactive about potential projects in their state before they become problematic. The committee must respond to a governor’s request within 30 days.

North Dakota Delegation Responds to President Biden Approving Major Disaster Declaration for Severe Winter Ice Storm

U.S. Senators John Hoeven (R-ND), U.S. Representative Kelly Armstrong (R-ND), and I issued the following statement after President Joe Biden approved a major disaster declaration due to damages caused by a severe winter ice storm which affected 13 counties across North Dakota from December 25, 2023 to December 27, 2023. These funds will be distributed through the Federal Emergency Management Agency’s (FEMA) Public Assistance and Hazard Mitigation Grant programs, which prevent or reduce long term risk to life and property from natural hazards.

The ice storm destroyed more than 2,000 electrical poles and left more than 20,000 North Dakota residents without power for multiple days. The affected counties include: Barnes, Cass, Dickey, Grant, LaMoure, Logan, McIntosh, Ransom, Richland, Sargent, Steele, Stutsman, and Traill. While the counties of Burleigh, Grand Forks, Griggs, Kidder, and Wells were also affected by the ice storm, the damages did not exceed the required per capita thresholds as indicated by the governor.

Earlier this month, we called on President Biden to approve Governor Doug Burgum’s request for a federal disaster declaration.

North Dakota Delegation Secures Commitment to Expand USPS Audit to Include Dickinson, Grand Forks, and Fargo

U.S. Senator John Hoeven (R-ND), U.S. Representative Kelly Armstrong (R-ND), and I announced the U.S. Postal Service Inspector General (USPS IG) has agreed to expand its postal audit of the Minnesota-North Dakota District to include Dickinson, Grand Forks. The full audit report is expected to be released in late March or early April.

The USPS IG informed the delegation it is conducting a review of the USPS’ nationwide effort to relocate mail processing at certain facilities. This report is expected to evaluate the Mail Processing Facility Reviews process and include findings and recommendations on how to improve the process.

The announcement by the USPS IG was made in response to a request we submitted on February 5 to expand the audit to include the Dickinson, Grand Forks, and Fargo facilities. Facilities experienced issues including mail and newspaper delays and broken and unavailable cluster box units.

Ninth Circuit Ends Injunction on Federal Coal Leasing

The U.S. Court of Appeals for the Ninth Circuit vacated a federal judge’s order for the U.S. Department of the Interior (DOI) to reevaluate a Trump administration’s elimination of Obama-era coal leasing restrictions.

Coal is an essential component of our nation’s energy security strategy, and this reinstatement is a major victory for North Dakota and our fellow coal-producing states.

Any suspension of federal coal leases cuts vital revenue and is a setback for affordable electricity for consumers. I commend the Ninth Circuit for reaching a decision which will make America more energy secure and ensure Americans have access to reliable energy resources.

The National Mining Association and the states of Montana and Wyoming appealed the 2019 Montana federal court decision, stating the federal government violated the National Environmental Policy Act (NEPA) by failing to conduct an environmental review in connection with a 2017 Trump administration decision which lifted Obama-era restrictions called the Jewell Order. Lifting these restrictions directed the Bureau of Land Management (BLM) to make federal oil, gas, and solid mineral resources on public lands available "for the benefit of the citizens of the United States," and resume and expedite coal leasing applications.

In April 2021, DOI Secretary Deb Haaland revoked the reauthorization order, saying her decision was a way to "help make clear that we, as a department, have a mandate to act" on the climate crisis, according to court records. However, U.S. District Judge Brian Morris, in his August 2022 ruling, found Haaland had not actually reinstated the Obama-era moratorium or the Jewell Order, and instead left the DOI’s BLM to resume leasing on federal land for coal development. He ordered federal regulators to evaluate the consequences of the policy under the NEPA.

Senators Introduce Legislation to Reauthorize VA Highly Rural Transportation Grant Program

U.S. Senator Angus King (I-ME) and I introduced the Supporting Rural Veterans Access to Healthcare Services Act. This legislation would provide travel assistance to veterans living in highly rural areas for health care appointments authorized by the U.S. Department of Veterans Affairs (VA).

Specifically, the bill would reauthorize the VA Highly Rural Transportation Grant (HRTG) Program for five years and add Tribal Organizations as entities eligible to apply for the program. The HRTG Program provides transportation services in areas with less than seven people per square mile and is available at no cost for veterans who live in eligible zones.

According to Lonnie Wangen, Commissioner of ND Department of Veterans Affairs, “The number one reason our veterans have for missing a medical appointment is their lack of transportation. The Highly Rural Transportation Grant has provided hundreds of North Dakota’s highly rural veterans transportation to their VA medical appointments. This program has greatly improved the health and wellbeing of our most vulnerable veterans.”

North Dakota is home to many rural and highly rural veterans who rely on transportation assistance to access their healthcare services.

Reauthorizing the Highly Rural Transportation Grant Program will ensure veterans have the ability to travel to their medical appointments, whether in the community care setting or at VA directly, facilitating access to the care they’ve earned.

Senators Call on EPA to Appeal Court Ruling Vacating Certain Dicamba Registrations, Expand Existing Stock Order on Dicamba

On February 6, 2024, the U.S. District Court for the District of Arizona issued a ruling which nullified the 2020 registrations of three dicamba herbicides: Bayer Xtendimax, BASF Engenia, and Syngenta Tavium. The Court found the agency violated notice and comment requirements for “new use” pesticide registrations for over-the-top (OTT) dicamba use on dicamba-tolerant (DT) crops under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

The following week, the U.S. Environmental Protection Agency (EPA) released an existing stocks order for the previously registered dicamba products. According to the agency, this order addresses the use of “dicamba products and authorizes limited sale and distribution of dicamba products that are already in the possession of growers or in the channels of trade and outside the control of the pesticide companies.”

Under the order, North Dakota soybean growers are authorized to use existing stocks through June 30, 2024. Persons other than registrants (Bayer, BASF, and Syngenta), including but not limited to co-ops and commercial distributors, can sell and distribute existing stocks through May 31, 2024. EPA clarified these end dates for the use of existing stock are “consistent with the application cut-off dates on the previously approved labeling of the formerly-registered dicamba products at the time of vacatur.”

I joined U.S. Senator Roger Marshall (R-KS) and our colleagues in sending a letter to EPA Administrator Michael Regan insisting the agency further respond to the U.S. District Court’s decision by pursuing an appeal as well as seeking a stay of the decision pending the appeal. Additionally, we requested the agency expand the existing stocks order to include, “product within the possession of registrants that has been manufactured and ready for sale on the date of the decision to be distributed, sold, and used.”

The nullification of the EPA’s 2020 registrations for the dicamba-based herbicides comes as farmers across the country have already made planting decisions on seed genetics and crop protection tools for their cotton and soybeans. We explained the decision out of Arizona will be felt globally, as the United States is one of the world’s leading soybean and cotton producers, a leading soybean exporter, and the leading cotton exporter.

Senators Call for Withdrawal of EPA’s Proposed De Facto Mandate for Electric Vehicles

This year, the Environmental Protection Agency (EPA) announced a costly and burdensome proposed rule which would require 67% of new light-duty vehicles and 46% of medium-duty vehicles to be electric by 2032. Implementation of this proposal would effectively establish a de facto mandate for electric vehicles (EV), calling for the complete phase out of internal combustion engine vehicles and harm American consumers by dictating what automobiles they can buy.

I joined U.S. Representative Randy Feenstra (R-IA-04), U.S. Senator Mike Crapo (R-ID), and more than 130 of our colleagues in sending a bicameral, bipartisan letter to President Joe Biden and Director of the Office of Management and Budget Shalanda Young, calling for the rejection of EPA’s proposed rule. The U.S. House of Representatives voted to overturn this onerous rule and the Senate is currently pursuing similar efforts.

Our letter highlights the proposed rule relies on faulty assumptions which directly contradicts comprehensive market analysis about the future of the automobile industry. A report published in 2021 by the U.S. Energy Information Administration projected four out of five new vehicles will run on liquid fuels until 2050, further demonstrating if still allowed the choice, Americans will continue to purchase vehicles outfitted with the internal combustion engine. We stated the EPA’s proposed rule unnecessarily restricts consumer choice and forces expensive EVs onto Americans at a time when they can least afford it.

Further, the letter illustrates major automakers in the United States have lowered their targets and pulled back planned investments in EVs due to low consumer demand and struggling EV units. Despite the federal government incentivizing the switch to EVs, they continue to collect dust on automobile dealership lots across the country.

Senators Raise Concerns Over “Pause” on Issuance of New Firearm, Ammunition Export Licenses

The U.S. Department of Commerce Bureau of Industry and Security (BIS) announced in October the 90-day pause on the issuance of new export licenses for gun manufacturers attempting to export certain firearms, related components, and ammunition under its jurisdiction to a majority of foreign end-users. During this 90-day period, the department said it would “assess current firearm export control review policies to determine whether any changes are warranted to advance U.S. national security and foreign policy interests.” The moratorium on issuing new export licenses remains in effect, but the department has not issued clarification as to when it will be lifted.

I joined U.S. Senator Mike Lee (R-UT) and our colleagues in sending a letter to the Under Secretary of Commerce for Industry and Security of United States, stating while there is minimal evidence the Commerce Department’s pause on issuing new export licenses improved U.S. national security, there is extensive evidence it harmed small and medium-sized American businesses.

The senators note the Commerce Department’s decision to continue implementing the pause was not properly relayed to the businesses impacted by the announcement. Additionally, leaked documents show the Commerce Department intends to improperly bypass a public comment period to impose new regulations on small and medium sized firearm manufacturing businesses. These anticipated regulations would devastate the industry and undermine competition.

In November, I joined my colleagues in a letter to the Secretary of Commerce, raising concerns over the BIS decision. Our letter stated the firearm and ammunition industry estimate a cost of $238 million annually if the pause were to become permanent.

North Dakota Rural Water Systems Association

I had a productive conversation with the North Dakota Rural Water Systems Association about working to ensure access to safe, affordable water across our state. These men and women work hard every day to find solutions to improve North Dakota's water infrastructure.

Hector International Airport Receives $10 Million Modernization Grant

The Federal Aviation Administration (FAA) announced it will be awarding $10,000,000 to Hector International Airport for its terminal expansion project. These funds, from FAA’s Airport Terminals Program (ATP), will help restore and expand the airport’s facilities such as holdrooms, gates, ticket and baggage claims, restrooms, and concessions, all of which will help facilitate travel and commerce in the Red River Valley. The Infrastructure Investment and Jobs Act, which was fully paid for, established the ATP program to provide airports funding for terminal modernization projects.

Hector is the busiest airport in the state, and this award is a good first step in helping them keep pace with the region’s extraordinary growth.

In November, U.S. Senator John Hoeven (R-ND), U.S. Representative Kelly Armstrong (R-ND), and I wrote a letter to the Department of Transportation in support of the project at Hector International Airport.

Three Affiliated Tribes Receive $1.3 Million for Head Start

The U.S. Department of Health and Human Services awarded a total of $1,343,845 to the Three Affiliated Tribes. These funds are distributed through the Head Start Indian Grants program, which promotes early childhood learning, health, and development initiatives, as well as family and community support services.

Standing Rock Airport Terminal Receives $700,000 Modernization Grant

The Federal Aviation Administration (FAA) announced it will be awarding $700,000 to the Standing Rock Airport to support the construction of a new general aviation terminal building.

These funds will be distributed through the FAA’s Airport Terminals Program, which was established by the fully paid-for Infrastructure Investment and Jobs Act to provide airports with funding for terminal modernization projects.

USDA Awards $30,000 to the City of Carson for Water, Sewer Systems Study

The U.S. Department of Agriculture (USDA) Rural Development announced an award of $30,000 to Carson to complete a study analyzing the city’s existing water and sewer systems. This funding, awarded through the Special Evaluation Assistance for Rural Communities and Households (SEARCH) program, will support the city as it determines deficiencies in the water and sewer systems and develops a plan.